The Supreme Court earlier this year ducked hearing a notorious case from Oklahoma that involves the selling of caskets. Oklahoma law forbids anyone other than a fully licensed funeral director to sell caskets within the state. But peddling caskets has nothing to do with handling dead bodies or with any other aspect of funeral services. This is protectionism, pure and simple. No surprise, overpriced caskets are the most profitable part of a funeral home's ..services: Markups can go as high as 600%. Naturally, entrepreneurial retailers see a ripe market. But state law prevents them from exploiting it. A licensed funeral director must have completed at least two years of full-time college course work and a one-year apprenticeship, during which the individual must have embalmed at least 25 bodies, as well as passed two exams. What all this has to do with selling coffins is left unsaid.

The Institute for Justice--a pro-entrepreneur public-interest law firm--originally filed the suit against Oklahoma's anticompetitive coffin regulation that the high court punted on. However, suits challenging similar laws in other states guarantee that the justices can't keep ignoring this issue.

After all, two federal appellate courts have rendered opposite judgments on the constitutionality of such state-sanctioned casket cartels. The Sixth Circuit Court of Appeals, in a Tennessee case, sided with entrepreneurs, finding that one needn't be a licensed funeral director in order to sell "what is essentially a box." But the Tenth Circuit Court of Appeals, in the Oklahoma case, reached the opposite conclusion, declaring that "while baseball may be the national pastime of the citizenry, dishing out special economic benefits to certain in-state industries remains the favored pastime of state and local governments." Incredibly, instead of overturning such abuses, the court went on to say that such arbitrary protectionism is legitimate.

The Supremes should permanently embalm Oklahoma-style protectionism.

When Flying, Silence Is Golden

The House of Representatices exhibited a rare bout of common sense recently by passing a bill that would change a couple of rules concerning Ronald Reagan Washington National Airport. Previously passengers had to stay glued in their seats for ...the 30 minutes before flying into and after taking off from that airport. From New York and other short distances, that meant the entire flight. Those with less-than-ironclad bladders had to pray there were no delays. The bill, thankfully, would reduce that time limit to 15 minutes.

Another good change: As things stand, if a passenger leaves his seat during that 30-minute period, the plane has to be diverted to another airport. Under the new bill the captain would determine whether or not the offending individual posed a real threat.

One change Washington should not make: lifting the ban on in-flight cell phone use. I once supported such a move: The prohibition was based on the now-discredited belief that cell phones could fatally interfere with the aircraft pilots' communications; in-craft phones are also legalized thievery--you pay outrageous fees to use 'em. But experience is an ear-busting teacher. Too many people don't know how to modulate their voices when using these wireless devices. Unlike an airport or most any other place, you lack mobility in airplanes. There's no way you can walk away from a loudmouthed cell-phoner. A sensible solution: Keep intact the cell phone ban in aircraft, but permit passengers to communicate with the world via their PCs and BlackBerrys.

Let the Man Make It Happen

Time to put Donald Trump in charge of rebuilding the Twin Towers at the World Trade Center site in lower Manhattan. That New York has done virtually nothing there since 9/11 is outrageous testimony to its political incompetence. After all, the Pentagon--also a victim of 9/11--was quickly rebuilt. Never have New York's bureaucratic tendencies and inability to make decisions reached such sad, headshaking proportions as they have at Ground Zero.

The Donald knows how to get things done. In the mid-1980s he shamed the Big Apple by swiftly rebuilding the Wollman Rink in Central Park at a fraction of what the city would have spent, assuming it could ever have done the job. The rink had been in bureaucratic limbo for a dog's age. Trump recently unveiled an impressive model for the new Twin Towers at Ground Zero, including an appropriate memorial. Many risk-taking, want-to-get-ahead businesses and people are willing to move to and work in the new buildings. These structures would be a fitting memorial for those who lost their lives on 9/11 and a fantastic rebuke to the terrorists who destroyed the originals.

Trump has the tenacity to see this project through. He's instigated and managed the construction of numerous buildings. He has the iron-fisted stick-to-itiveness to surmount seemingly insurmountable political and economic difficulties. Let him loose on this task and there will be no stopping him--or it.

Edible enlightenment from our eatery expert Tom Jones and colleagues Patrick Cooke and Monie Begley, as well as brothers Bob, Kip, and Tim.

Aquavit--65 East 55th St. (Tel.: 212-307-7311). Though the new setting is sparse and nowhere near as dramatic as its former home, the fare is better than ever. The aquavit, the herring, the char, the salmon in brioche crust, the quail, the lamb, the venison and the desserts are all delicious, all memorable.

Barolo--398 West Broadway, between Broome and Spring streets (Tel.: 212-226-1102). Good-looking space with a beguiling garden and attentive service. But the culinary selections are mediocre. A pleasant spot if food isn't your sole reason for going.

BLT Fish--21 West 17th St. (Tel.: 212-691-8888). From the scrumptious cheddar-and-chive biscuits to the Parmesan gnocchi and from the tuna to the roasted rack of lamb, the food here is extraordinary. Excellent side dishes: parsnip purée, baked fennel and a superb casserole of Hen of the Woods mushrooms. Caution: The wait can be long, the maître d' haughty, the staff harried and the bill steep.

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